HomeMy WebLinkAboutResolution - 2017-R0403 - Street Use License - Kelsey Park - 11/02/2017Resolution No. 2017-R0403
Item No. 6.2
November 2, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, a Street Use License, by and between the City of
Lubbock and Kelsey Park Homeowners Association, Inc., and all related documents. Said
License is attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council this 2nd day of November , 2017.
DANIEL M. POPE, MAYOR
ATTEST:
Re cca Garza, City Secreta
APPROVED AS TO CONTENT:
4�G4
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
RyVoke, Assistant City Attorney
RES.St Use Lic-Kelsey Park HOA, Inc.
10.17.17
Resolution No. 2017-RO403
STREET USE LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this 2nd day of November , = being the
date of this License between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and Kelsey Park Homeowners Association, Inc., hereinafter called `LICENSEE."
WITNESSETH:
Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and license the use of Public Right -of -Way to
bore electrical lines for landscape lighting under the street, as described in attached Exhibits "A."
The term of this License shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years in any
event unless either party shall give written notice of termination to the other party before the
expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF
LUBBOCK retains the right at its election to cancel and revoke this License, with or without
cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served
if deposited in the post office, postage paid, addressed to LICENSEE at 16400 Dallas Parkway,
Suite 140, Dallas, Texas, 75248, or the last known address of LICENSEE, as provided to the
City Manager of the. CITY OF LUBBOCK by LICENSEE.
Upon the expiration or cancellation and revocation of this License by the CITY OF
LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements that are
permitted under this License shall be removed by the LICENSEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
LICENSEE fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against LICENSEE, for which
LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of NINE HUNDRED AND SEVENTY-FIVE AND NO/100 DOLLARS ($975.00) cash
in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the
first five (5) year term of this License, and thereafter such rate of compensation may be changed
for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation
which is based on procedures and policies as established by the City Council of the CITY OF
LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way
Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate
established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the
rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year
STREET USE LICENSE
term to which such change in rate shall apply, and if such notification is not made, then the rate
for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this License
herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance,
or other material, the replacement and repair of paving, sidewalks and utilities of any nature
damaged as a result of the construction authorized by the License.
3. In the event the CITY OF LUBBOCK determines that the License herein granted
interferes with or causes the rerouting or realignment of any public utility, franchised utility or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or
franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as
the case may be, for its expense in relocating or rerouting over and above the expense which
would have been incurred except for LICENSEE'S use herein.
4. This License is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This License is made subject to the condition that should the LICENSEE exercise
any right under this License and prepare or begin or complete any part of the construction as
herein contemplated across any or all of the above described property, then and in that event,
said LICENSEE, its successors and assigns, will at all time defend, indemnify and otherwise
hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all
claims, demands, actions, causes of action and suits at law or in equity of whatsoever kind or
nature which may grow out of or be related to the making of this License or the construction or
maintenance use permitted herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the construction, repair or
maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from
and against all claims, liability, cost and expense growing out of the performance of the work to
be done by such contractors. The CITY OF LUBBOCK may further require any of said
contractors, when engaged in the construction, repair or maintenance permitted herein, to
furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and
in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions contained in said agreement, and a certified copy of a
policy of public liability insurance assumed by said contractors in said agreement with the CITY
OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands in order to give
LICENSEE a reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of public liability and
property damage insurance within limits specified by and in a form satisfactory to the City
Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
7. All of the covenants and provisions of this License shall be binding upon and
inure to the benefit of the successors, legal representatives, assigns and the duly authorized
agents and contractors of the parties hereto to the same extent and effect as the same are binding
STREET USE LICENSE
upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE,
its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of
the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4).
8. LICENSEE, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except those expressly
set forth herein, and LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said property covered herein
upon termination or cancellation of this license. No interest for real property is conveyed or
granted by this License.
9. The CITY OF LUBBOCK reserves the right to exercise any right or remedy
available to it by law, contract, equity, or otherwise, including without limitation, the right to
week any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF
LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right
to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and
may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
ATTEST:
Rebe ca Garza, City Secretar
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Ry r oke, Assistant City Attorney
CITY F LUBBOC
By:
DANIEL M. POPE, MAYOR
STREET USE LICENSE
AGREED TO AND ACCEPTED this 2nd day of November , 2017
Kelsey Park Homeowners Association, Inc.
By: 4�1<��
Print:
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THE STATE OF TEXAS
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Daniel M. Pope, Mayor of the City of Lubbock, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed and stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 41, day
of ,�
" JENNIFER SOWDER CLEMENTS
* * Notary Public, State of Texas Nota Public in and for the State of Texas
Notary tD� 1249706t)•3
sr� OFTP� My Commission Expires 08 28 2020 2 Q
My Commission Expires: U
THE STATE OF TEXAS 6
COUNTY OF � ti✓%6r,, k
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Rev F. R • 6 e r-f s e .0 , known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed and as an act and
deed of said Kelsey Park Homeowners Association, Inc.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /� day of
.:. r _.. N, DAVY K BWHF, o-
N"PftS ., Notary Pub •c in and for the State of Texas
L� VY rawiWm R,
. My Commission Expires: /Z —
Licenses/Street Use Lic-Kelsey Park HOA, Inc.
10.17.17
STREET USE LICENSE
HUGO REED AND ASSOCIATES, INC.
E. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763.3891
TEXAS REGISTERED ENGINEERING FIRM F-760
LAND SURVEYORS
EXHIBIT TEXAS LICENSED SURVEYING FIRM 100676-00
CIVIL ENGINEERS04
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9
METES AND BOUNDS DESCRIPTION of a 0.0149 acre tract of land being a portion of Memphis Avenue as described
under County Clerk File Number (CCFN) 2013021040 of the Official Public Records of Lubbock County, Texas
(OPRLCT) located in Section 4, Block AK, Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2" iron rod with cap set in the West right-of-way line of said Memphis Avenue for the Northwest
corner of this tract which bears S. 88'13'52" E. a distance of 2572.55 feet and S. 01 °46'08" W. a distance of 60.00 feet
from the Northwest corner of Section 4, Block AK, Lubbock County, Texas, whence a found 1/2" iron rod with cap found
(AMD) bears N. 88'13'52" W. a distance of 249.50 feet;
THENCE S. 88°13'52" E. a distance of 135.00 feet to a 1/2" iron rod with cap found (HRA) in the East right-of-way line
of said Memphis Avenue at the Northeast corner of this tract;
THENCE S. 46046'08" W., along the East right-of-way line of said Memphis Avenue, a distance of 7.07 feet to an 80
penny nail set for the Southeast corner of this tract;
THENCE N. 88013'52" W. a distance of 125.00 feet to an 80 penny nail set in the West right-of-way line of said
Memphis Avenue for the Southeast corner of this tract;
THENCE N. 43°13'52" W., along the West right-of-way line of said Memphis Avenue, a distance of 7.07 feet to the Point
of Beginning.
Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0).
Contains: 650 square feet
September 22, 2017
Brent Carroll
Registered Professional
Land Surveyor No. 5410
State of Texas
OF
/'O�k S rE�F/•��v'n
ORENT CARROLL
°.q 5410 P
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As required by Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides notice that the data on this map City of
Lubbock
was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes and may not have been prepared for or be suitable for `'"g
legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. TEXAS